Western Australian Numbered Acts Western Australian Numbered Acts (1) Section 26 is
amended as follows:
(a) by
inserting before “Unless the contrary” the subsection designation
“(1)”;
(b) in
paragraph (b), by inserting after “of a
disposition” —
“
, other than the exercise of a power of
appointment,
”;
(c) in
paragraph (d) —
(i)
by deleting “his” and inserting
instead —
“ the testator’s ”; and
(ii)
by deleting “he” and inserting
instead —
“ the testator ”;
(d) at
the end of paragraph (e), by deleting the full stop and inserting a
semicolon instead;
(e)
after paragraph (e), by inserting the following paragraphs —
“
(f) a disposition of the residue of the estate of a
testator, or of the whole of the estate of a testator, that refers only
to —
(i)
the real estate of the testator; or
(ii)
the personal estate of the testator,
is to be construed to
include both the real and personal estate of the testator;
(g) if
any part of a disposition in fractional parts of the whole or of the residue
of the estate of a testator fails, the part that fails accrues to the part
that does not fail, and, if there is more than one part that does not fail, to
all those parts proportionately.
”.
(2) At the end of
section 26 the following subsection is inserted —
“
(2) Subsection (1)(f) and (g) apply to the will of a
person dying on or after the day on which section 19(1)(e) of the Wills
Amendment Act 2007 comes into operation, whether the will was executed or
made before, on or after that day, and the will of a person who died before
that day is to be construed as if section 19(1)(e) of that Act had not
come into operation.
”.